Court No. - 37 Case :- WRIT TAX No. - 2378 of 2009 Petitioner :- Smt. Madhavi Gupta Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Jaiswal Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Hon’ble Bala Krishna Narayana,J.
Heard Sri S.K. Jaiswal, learned counsel for the petitioner and learned
Standing Counsel.
The contention of the petitioner is that her vehicle has been seized for certain
discrepancies and when the petitioner has met the Regional Transport Officer,
Aligarh he is orally demanding Rs.2200/- per seat towards penalty. According
to the petitioner, such penalty can be demanded only on a non-transport
vehicle under Section 4 (3) of the U.P. Motor Vehicle Taxation Act, 1997.
While the petitioner’s vehicle is a transport vehicle and, therefore, the demand
of penalty at the rate of Rs.2200/- per seat is not justified.
Learned counsel for the petitioner, however, submitted that an application for
the release of the vehicle has been filed on 23.11.2009 before the Regional
Transport Officer, Etah, Annexure-4 to the writ petition, which is pending.
Learned Standing Counsel states that let the respondent no. 4, Assistant
Regional Transport Officer (E), Etah be directed to decide the application of
the petitioner expeditiously.
In view of the above, the writ petition is disposed of directing the respondent
no. 4, Assistant Regional Transport Officer (E), Etah to dispose of the
application of the petitioner dated 23.11.2009, Annexure-4 to the writ
petition, expeditiously preferably within a period of two weeks from the date
of presentation of a certified copy of this order. It is open to the petitioner to
file any other application raising any other plea and the respondent no.4,
Assistant Regional Transport Officer (E), Etah is directed to dispose of such
application along with the application dated 23.11.2009 after giving
opportunity of hearing in accordance to law within the aforesaid period.
Order Date :- 4.1.2010
OP